18-24-101. GENERAL PROVISIONS; PETITION REQUIRED FOR PERMIT; INFORMAL HEARING PROCEDURES; TRIBAL BOND OPTIONAL.

1. Activities Not Requiring Permits. Any land use permitted outright in any zone, but not including the construction of buildings or structures, may be conducted without seeking a land-use permit, if the land use is conducted in accordance with the provisions of this Title.
2. Activities Requiring Permits. No person may build, locate, establish, move or otherwise alter a structure or conduct a conditional or special use or divide land without a permit issued pursuant to this Chapter.
3. Informal Hearing Procedure to be Followed. With the exception of building and conditional use permits, when determining whether to issue permits under this Chapter, the Director and Commission shall follow the procedures for informal public hearings set forth in § 18-21-103.
4. Tribal Bond May be Required in Director’s Discretion. Any person petitioning for a permit, or an extension, amendment or renewal of an existing permit, that authorized a land use that could result in significant harm or damage to the Reservation community, the Tribe or its members and that is not covered by a performance or damage bond or other financial assurance instrument may be required as a condition of the permit to provide financial assurance guaranteeing the performance of corrective actions to contain, mitigate and remedy all pollution, contamination or degradation that may be caused by such activity. The financial assurance shall be in a form and in a reasonable and proper amount, all of which shall be approved by the Director, and may include but is not limited to insurance, company net worth considerations, a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. This tribal bond requirement is in addition to any bond required by federal law pertaining to federally leased land.
5. Title of Security to be in Tribe. All right and title in any bond or other security required by the Land Use and Environment Commission shall be in the Rosebud Sioux Indian Tribe until the Commission released the said security. The bond or other security is not an asset of the person required to provide it and may not be canceled, assigned, revoked, disbursed, replaced or allowed to terminate without the approval of the Commission.